Myth-Busting Constitutional Law in India: An Exclusive Interview
constitutional clat_pgQ: What's the first myth about Constitutional Law that you'd like to debunk?
My friend, it's the idea that the Indian Constitution is an infallible document. While it's the supreme law of the land, it's not perfect and has been amended 103 times since its adoption in 1950. The myth that it's a static document is just that – a myth. The Constitution is a living, breathing document that's been interpreted and amended to keep pace with the changing needs of society.
Q: What about the myth that the Indian Constitution is based solely on British colonial law?
Actually, our Constitution was heavily influenced by the Irish Constitution of 1937 and the Weimar Constitution of Germany. The British influence is there, but it's not the only source. For instance, Article 13 of the Constitution, which prohibits the state from encroaching on personal rights, is based on the German Constitution. And let's not forget the Preamble, which is a unique feature of our Constitution.
Q: I've heard that the Indian Constitution has no provision for a 'Right to Life'...
That's a common myth. While it's true that the Constitution doesn't explicitly mention a 'Right to Life', Article 21, which talks about 'Protection of Life and Personal Liberty', has been interpreted by the Supreme Court to include the right to life. The landmark case of Maneka Gandhi v. Union of India (1978), where the Court held that the right to life includes the right to travel abroad, is a great example of this.
Q: What about the myth that the Indian Constitution is a secular document?
This is a tricky one. While the Constitution does guarantee freedom of religion, it's not entirely secular. The Preamble mentions 'fraternity, assuring the dignity of the individual and the unity and integrity of the Nation', which implies a commitment to the idea of a unified Indian nation. However, the Supreme Court has consistently held that the Constitution is secular in the sense that it treats all religions equally and doesn't give preference to any one religion.
Q: Can you give me an example of a myth that's been perpetuated by the media?
One example that comes to mind is the myth that the Indian Constitution guarantees the right to free speech only in the context of criticizing the government. This myth was perpetuated by the media during the Shreya Singh Sethi v. Union of India (2017) case, where the Supreme Court held that the right to free speech includes the right to criticize the government, but not at the expense of others. The media reported it as if the Court had ruled that the right to free speech only applies to criticizing the government!
As the Supreme Court said in Kesavananda Bharti v. State of Kerala (1973), "The Constitution is a living tree which grows and flourishes from the sap of the people's mind.